Microsoft: FUDing to Hide its Fears?

The FUD hit the fan on Monday when Fortune magazine published Microsoft's latest anti-Linux salvo, alleging that the free operating system violates 235 of its patents. Yet again they stopped short of saying precisely which patents have been infringed, but they did produce a tantalising list of where alleged infringements occur;
42 in the Linux kernel
65 in the graphical user interfaces
45 in the OpenOffice suite
15 in email programs
68 in other assorted free programs
The allegations and onslaught weren't unexpected. Microsoft's
patent-war-by-proxy -- the SCO vs IBM case -- is
going appallingly badly for the plaintiff. The original
"mountain of [infringing] code" is now down to just 326
lines -- most of them comments, headers or invaluable
intellectual property such as declarations like "#define EPERM".65 in the graphical user interfaces
45 in the OpenOffice suite
15 in email programs
68 in other assorted free programs
So what is Microsoft playing at? Fear, Uncertainty and Doubt without question, but much of that FUD seems to be clouding Microsoft's own executives. Consider;
Last November Microsoft formed a patent partnership with Novell. This basically involved the former giving the latter large amounts of dosh along with a promise not to sue Novell's Linux users for patent violations. In exchange, Microsoft got a bunch of Suse Linux Enterprise Server (SLES) certificates to give away to their customers, which they did. Ooops!
Prominent open-source
lawyers, like Eben Moglen, the executive director of the Software
Freedom Law Center, believe that by distributing the SLES certificates,
Microsoft has become a Linux distributor, and therefore subject to the
GPL.*
For Microsoft, being subject to the GPL in any way, shape, or form would be a nightmare scenario. If they can get some leverage in their fight to get away from the GPL by getting people frightened of open source, they will.
For Microsoft, being subject to the GPL in any way, shape, or form would be a nightmare scenario. If they can get some leverage in their fight to get away from the GPL by getting people frightened of open source, they will.
[more]
*the
Gnu Public License (GPL) effectively gives users all the rights associated with free software, including the right to
the source code, and to freely distribute duplicate or modified
versions of the program.
Even more galling, Dell recently bucked the system by announcing they'll optionally install Windows XP in new machines because so many potential buyers didn't want DRM-crippled Vista. To add insult to injury they're be adding an Ubuntu Linux-equipped line later this year, and Michael Dell himself publicly professes to using Ubuntu, OpenOffice.org and Firefox on his laptop.
But the real nail in the coffin is the number of people who are discovering how good free software really is. Cross-platform class apps like Firefox, Thunderbird, OpenOffice.org, Audacity, Azareus... (the list goes on and on!) make underlying operating systems -- and expensive office suites -- irrelevant. And that, really, is all Microsoft sell. Or rather, make their money on.



Comments
Heh..... MS fighting to get away from the clutches of the GPL reminds me of that old "Uncle Remus" story about the "tar baby"... :-)
We can cast MS in the role of Br'er Rabbit (he's the one who gets stuck), and Richard Stallman in the role of Br'er Fox (hiding in the bushes chuckling away... :-)
Posted by: Andy | May 23, 2007 8:27 PM
Dear Mr. Marx,
I'm afraid that - unless I've grossly misunderstood you - your parable is non-applicable to reality as I know it (I say this as someone who has been a commercial open source software system integrator, support provider and business owner for the past 8 years). For one thing, no one in the open source world is stealing anything from anyone, any more than you are stealing from a recording artist by whistling their tune after hearing their song on the radio.
Only a very shallow understanding of computing history would allow anyone to think that, for example, open source was "stealing" ideas from Microsoft. I think you'd find it's quite the reverse, actually. In regard to your communism comparison, there's nothing even remotely communist about open source. Open source software, developed with open standards, provides the closest thing possible a free market for software - which I think you will agree is the antithesis of communism.
In the open source marketplace, true market economics can take place - software that conforms to universal open standards can actually become a commodity (the ultimate in pure capitalism).
Microsoft's use of closed standards (think .DOC, .XLS, .PPT, SMB, ActiveDirectory, etc.), protected by government enforced patents is actually market distorting - artificial, government sponsored monopoly. Microsoft is totally anti-capitalist - the last thing in the WORLD they want to do is actually *compete* in an open market - which is why it's pushing for government sponsored monopolies and monopoly-favourable legislation (see the TPMs in the current Amendment to the Copyright Act currently before NZ's parliament which prohibits reverse engineering which allows competition).
I think you'll find that the patent system is an impurity to capitalism which is far more akin to communism (i.e. a state run monopoly) than market capitalism. The fact that Microsoft takes every advantage of US Government sponsored protections (i.e. litigation, patenting, libel, etc.) despite being one of the biggest corporate offenders in all of these areas is a rich irony. The whole open source = communism concept is quite invalid. To any student of Marx and capitalism who is also familiar with open source and its community meritocracy rather than monopolistic methodologies that should be quite obvious.
All the best,
Dave
Posted by: Dave Lane | May 18, 2007 4:07 PM
Good to see you shedding light on this debacle for poor old hard-done-by Microsoft. They've made plenty of hay, but now the sun is setting on Microsoft's day in the sun. Let's just hope they are able to achieve some dignity in their departure.
Cheers,
Dave
More thoughts on the matter: http://davelane.name/node/25
Posted by: Dave Lane | May 18, 2007 10:08 AM
LOL, funny you used a Communist poster, I came up with a story to go with it. Hope you enjoy it. 8-D
Growing up as a Comrade, it was easy to take from the Capitalists - because the Comrades could "and it won't hurt them". It was so much better than Paying Money, but truly there was some Guilt.
Then the Comrades had a revolution, GPL, and the "Republic of the Open Source" began.
According to the Marxist ideal the Capitalists should not have the freedom to make Money from their Capital - no, they must share their Capital equally and all Comrades should only be rewarded for their Sweat of their Labour and not their Inventions for that would lead to the Evil of Capitalism even in the midst of the Republic.
The Comrades Laboured to copy an entire operating system and applications too. Just like revolutionaries before them, they believed with the Marxist ideal the Comrades could make a better Republic.
For many years the results were disappointing. The Republic was disorganised, and quality of service to the Comrades was poor. Breavely they tolerated the Hardship however, and faithfully Proclaimed that their Republic had advantages - such as that it was too small to be of interest to Foreign Spies. This provided a comfortable Illusion of Superior Security.
Then the Capitalist Corporations saw an opportunity to upset their Rival and make Money. Quietly, they entered the Republic, they said soothingly, "we are your friend", and with their help the Republic began to copy the Rival more competently.
In the days of Horse Drawn Carriages in the Republic, the Comrades had argued the Command Line was best. But now, having received extensive Foreign Aid from the Corporations, even some Comrades began to admit that a Graphical User Interface was now worh the Ridiculous Overhead. (They still weren't convinced about DRM though.)
The Killer Application even became more useable once it had been made into what seems very much like the Rival's version from 7 years ago.
The Corporations (including the Rival) watched the small group of Comrades quitely for years to see what would come of the Republic, because he Comrades were taking the Capital of every one of the Corporations. Once the Comrades began to spread their Word to the Capitalist World, observers felt it was only a matter of time before one of the Corporations would take action to claim their dues as they would be entitled to in any other part of the Captalist World.
However, the Comrades Believed in the Word, and felt their Republic was Immune to the rules that applied to every part of the Capitalist World.
Finally, the Rival decided it was time to act. To those in the Capitalist World it seemed that the Rival spoke very gently. The Rival said that it would do no harm to the Comrades, but that it did expect the Capitalist World to follow the rules of the Capitalist World.
Even so the Rival's words struck Fear and Anger into the hearts of the Comrades. Perhaps simply because it was the Rival. Perhaps now fearing that the Revolution was built on Illusion. Perhaps realising that even the Corporations who had previously provided Foreign Aid could also decide that it was time for their Capitalist World to follow the rules of the Capitalist World.
Has this former Comrade told a True History? Or does only the Republic know the Truth? Are we seeing the Last Stand of Marxism, or is the analogy completely wrong? You be the judge, and let's see what happens next.
Mr Marx
Posted by: Mr Marx | May 17, 2007 10:24 PM